Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages,
2014
Touro Law School
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer
Touro Law Review
No abstract provided.
Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term,
2014
Brooklyn Law School
Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future,
2014
Touro Law Center
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Qualified Immunity: The Constitutional Analysis And Its Application,
2014
Suffolk University Law School
Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum
Touro Law Review
No abstract provided.
American And Other National Variations On The Theme Of International Commercial Arbitration,
2014
Tulane University School of Law
American And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau
Georgia Journal of International & Comparative Law
No abstract provided.
Dicta And The Rule Of Law,
2014
Pepperdine University
Dicta And The Rule Of Law, Ryan S. Killian
Pepperdine Law Review
This Essay is about dicta. Like Olson, the Essay will not spend much time arguing about the definition of dicta. Rather, it analyzes rule of law issues as they pertain to dicta. Does the definition of dicta matter? Does reliance on dicta by subsequent courts raise rule of law concerns? The answer to both questions is yes.
Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System,
2014
Minnesota State University - Mankato
Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System, Aaron Guerdet, Alyssa Haugly, Kelsey Mischke
Public Sociology Publications and Projects
This study examines potential race and gender disparities in sentencing decisions in Blue Earth County, MN courts. Using qualitative field observations and a grounded theory approach, authors observed and analyzed court proceedings. In total, three researchers conducted seven weeks of observations; the final sample consisted of 95 observed court sessions, 50 of them being closed court cases. Results show little discrepancy in gender and charges and sentencing rates. Though there are racial discrepancies in charges that suggest discriminatory policing decisions, the data shows that minority members are being sentenced at a similar rate compared to white defendants. In all cases …
The Highly Political Supreme Court,
2014
Chapman University
The Highly Political Supreme Court, Riley Lane Munks
Student Scholar Symposium Abstracts and Posters
This paper investigates whether Republicans or Democrats support a strong Supreme Court and why. Furthermore, by analyzing data from the 2012 American National Election Survey, I will study support of the court based on gender, age, and race. Since the early 1980’s the court has taken a strong conservative direction, to the dismay of many liberals. Republicans feel comfortable sending a congressional dispute to the courts while Democrats may feel disenfranchised with the judicial process. I also believe that younger people believe the court is an outdated method of making laws and interpreting the constitution. Originally the Supreme Court was …
Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements,
2014
Touro University Jacob D. Fuchsberg Law Center
Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson
Touro Law Review
No abstract provided.
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term,
2014
Touro Law School
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Is It Law Or Something Else?: A Divided Judiciary In The Application Of Fraudulent Transfer Law Under § 546(E) Of The Bankruptcy Code,
2014
Pace University School of Law
Is It Law Or Something Else?: A Divided Judiciary In The Application Of Fraudulent Transfer Law Under § 546(E) Of The Bankruptcy Code, Jaclyn Weissgerber
Pace Law Review
In Part I of this Note, I will provide a general overview of leveraged buyouts. The discussion of how and why LBOs are implemented is particularly relevant to the application of fraudulent transfer analysis. In Part II, I will discuss fraudulent transfer law as defined by the Bankruptcy Code. In Part III, I will discuss which transfers within the LBO should be attacked under fraudulent transfer law and why; this section will focus on the various stakes of the parties involved in the leveraged buyout transaction. I will provide an overview of the specific factors that bankruptcy and federal appellate …
Bigger Isn’T Always Better: An Analysis Of Court Efficiency Using Hierarchical Linear Modeling,
2014
University of California, Irvine
Bigger Isn’T Always Better: An Analysis Of Court Efficiency Using Hierarchical Linear Modeling, Teresa Dalton, Jordan M. Singer
Pace Law Review
One important measure of trial court efficiency is overall case length—that is, the elapsed time from a case’s initial filing to its final disposition. Using a large, recent dataset from nearly 7000 federal civil cases, we find that two variables are particularly useful in predicting overall case length: the total number of attorneys filing an appearance in the case, and the number of authorized judgeships for a given district court. Further, we find a significant and surprising interaction between these two variables, indicating that smaller courts are more efficient than larger courts at processing civil cases when more than three …
Newsroom: Yelnosky On State Pension Dispute,
2014
Roger Williams University
Newsroom: Yelnosky On State Pension Dispute, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
European Economic Community - The Use Of Article 173(2) Of The Eec Treaty To Contest Actions Of The European Parliament, Partie Ecologiste 'Les Verts' (The Greens) V. European Parliament, [1987] 2 Comm. Mkt. L.R. 343 (1986).,
2014
University of Georgia School of Law
European Economic Community - The Use Of Article 173(2) Of The Eec Treaty To Contest Actions Of The European Parliament, Partie Ecologiste 'Les Verts' (The Greens) V. European Parliament, [1987] 2 Comm. Mkt. L.R. 343 (1986)., Scott N. Carlson
Georgia Journal of International & Comparative Law
No abstract provided.
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?,
2014
University of Georgia School of Law
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States,
2014
University of Georgia School of Law
Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of The Courts In Time Of War,
2014
Syracuse University College of Law
The Role Of The Courts In Time Of War, William C. Banks
Washington and Lee Law Review Online
The role of the courts in judging the actions of government in wartime has ranged from extreme deference to careful probing of alleged government excesses over more than two centuries. The courts’ record has reflected the nature of the armed conflicts the United States has engaged in and the legal bases for the actions at issue. In the aggregate, the courts have served as a necessary counterweight to government overreaching in times of national security crisis. It is easy to underestimate the institutional problems confronting judges who are asked to make momentous decisions in times of national crisis—difficulties of fact-finding …
Is Military Justice Sentencing On The March? Should It Be? And If So, Where Should It Head? Court-Martial Sentencing Process, Practice, And Issues,
2014
Georgetown University Law Center
Is Military Justice Sentencing On The March? Should It Be? And If So, Where Should It Head? Court-Martial Sentencing Process, Practice, And Issues, James E. Baker
Georgetown Law Faculty Publications and Other Works
This article starts with a sketch of the military justice system to orient readers. Understanding that structure, the article then describes the sentencing process for special and general courts-martial. The article follows by identifying two core military sentencing questions: First, should commanders have authority to grant clemency? Second, should the military justice system adopt sentencing guidelines? With respect to each topic presented, the article does not attempt to answer the questions nor offer prescriptions. Rather, it seeks to identify the principal fault lines around which debate should, or will likely, fall. The article next presents ‘‘nutshell’’ introductions to additional sentencing …
Jury Voting Paradoxes,
2014
Princeton University
Jury Voting Paradoxes, Jason Iuliano
Michigan Law Review
The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these paradoxes have never been applied to jury decision making. In this Essay, I use the paradoxes to show that the special verdict’s vote-reporting procedures can lead judges to render verdicts that the jurors themselves would reject. This outcome constitutes a systemic breakdown that should not be tolerated in a legal system that prides itself on the fairness of its jury decision-making process. Ultimately, I argue that, because the general verdict with answers to written questions does …
Market Power Without Market Definition,
2014
University of Michigan Law School
Market Power Without Market Definition, Daniel A. Crane
Articles
Antitrust law has traditionally required proof of market power in most cases and has analyzed market power through a market definition/market share lens. In recent years, this indirect or structural approach to proving market power has come under attack as misguided in practice and intellectually incoherent. If market definition collapses in the courts and antitrust agencies, as it seems poised to do, this will rupture antitrust analysis and create urgent pressures for an alternative approach to proving market power through direct evidence. None of the leading theoretic approaches—such as the Lerner Index or a search for supracompetitive profits—provides a robust …
